A UK Grant of Probate does not give you automatic power over a deceased person’s assets abroad. How an overseas authority handles a British grant depends entirely on its own legal framework and historic treaties. GOV.UK confirms that where an estate includes assets abroad, a separate grant or equivalent process may be required in the country where those assets are located.
Commonwealth Nations and Resealing
The most straightforward process applies across Commonwealth countries covered by the Colonial Probate Act. In these regions, you do not need to apply for a brand-new probate grant from scratch. Instead, local probate registries can “reseal” the UK Grant of Probate. They attach their official court seal directly to the British paperwork. Giving it full legal force in that jurisdiction. Knowing which probate authority deals with an overseas estate can be an important first step, particularly where assets are held across more than one jurisdiction.
Countries allowing resealing include:
- Australia, New Zealand, and Canada – All states, territories, and provinces recognise UK grants through their courts.
- South Africa and Kenya – Both maintain fast-track resealing procedures.
- Singapore, Malaysia, and Hong Kong – Their legal systems permit resealing of UK documents.
- Caribbean and Island Nations – Jamaica, Barbados, Trinidad and Tobago, the Bahamas, Bermuda, and the Cayman Islands all accept UK grants.
- Crown Dependencies and Overseas Territories – Gibraltar, the Isle of Man, Jersey, and Guernsey have straightforward reciprocal arrangements.
Non-Commonwealth and European Countries
Most non-Commonwealth nations, including the US, EU member states, and Latin American countries, do not recognise or reseal UK grants.
In European civil-law jurisdictions (such as France, Spain, or Portugal). The legal concept of probate operates entirely differently. Rather than resealing a UK document, local authorities require:
A Fresh Local Application – Executors must apply directly to the foreign court or notary for a separate deed of entitlement.
Document Authentication – UK paperwork must be sworn-translated into the local language and stamped with an Apostille by the Foreign Office. Where an overseas authority requires a UK document to be legalised, Apostille & Legalisation Office can verify eligible UK documents and issue an apostille.
An Affidavit of Law – Foreign courts often require a sworn legal opinion from a UK solicitor. Explaining how English inheritance rules apply before releasing bank accounts or property.
Once the appropriate grant or reseal has been obtained, there are still important steps involved in administering and distributing the estate.
Read more information on international probate, probate resealing and overseas estates. Explore our latest guides for practical advice on probate registries, estate administration, intestacy and managing assets across different jurisdictions.
